Patna High Court

CR. MISC./49855/2026 of Shyam Kumar @ Shyam Sundar Vs The State of Bihar on 29 July 2026

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COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49855 of 2026 Arising Out of PS. Case No.-179 Year-2024 Thana- KUDHNI District- Muzaffarpur ====================================================== Shyam Kumar @ Shyam Sundar S/O Parmanand Thakur R/O Village- Basauli, P.S- Kudhani, District-

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49855 of 2026

Arising Out of PS. Case No.-179 Year-2024 Thana- KUDHNI District- Muzaffarpur ======================================================

Shyam Kumar @ Shyam Sundar S/O Parmanand Thakur R/O Village- Basauli, P.S- Kudhani, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr. Alok Kumar Alok, Advocate

For the Opposite Party/s :

Mr. Brajendra Nath Pandey, A.P.P.

======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

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ORAL ORDER

29-07-2026

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 137(2) and 96 of the BNS.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that her daughter on 30.08.2024, at 04:00 a.m., had gone to attend the call of nature but did not return. Accordingly, a search was made and it transpired that victim was enticed away by the petitioner, hence, the informant came to the house of the petitioner but was abused and ousted by his family members.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is further submitted that petitioner and the victim Patna High Court CR. MISC. No.49855 of 2026(2) dt.29-07-2026

were in love and they eloped. It is next submitted that victim came back and her statement was recorded under Section 183 BNSS wherein she has not supported the case of the prosecution. It is also submitted that though the informant alleges that victim is a minor but then victim is a major and even presuming what has been alleged is true without admitting then victim had reached the age of discretion.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, let the petitioner, above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/Successor Court in connection with Kudhani P.S. Case No. 179 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

Kundan/- (Satyavrat Verma, J) U T

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